Schools autumn script 2005

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Education (Additional Support for Learning)
(Scotland) Act 2004 Sharing Information Seminars
2006 Policy context Robin McKendrick Support
for Learning Division Scottish Executive
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What drives the Policy context?

• Curriculum for Excellence - seeks to enable all
  to become
• successful learners,
• confident individuals,
• effective contributors, and
• responsible citizens.
• Ministers vision that all Scotlands children
  and young people need to be
• nurtured, safe, active, healthy, achieving,
  included, respected and responsible.

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Scottish Legislative/Policy landscape

• Standards in Scotlands Schools Act 2000
• Disability Discrimination Acts 1995 (as amended)
• Education (Disability Strategies and Pupils
  Educational Records) (Scotland ) Act 2002
• Disability Equality duty as from 4 Dec. 2006
• Additional Support for Learning (Scotland) (Act)
  2004
• Hidden Harm Domestic Abuse Young Carers Looked
  After Children, Getting it Right for Every Child
  (GIRFEC).

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Definition of inclusion

• Scottish Parliament - Education, Culture and
  Sport Committee 2001
• There should be an agreed definition of inclusive
  education, namely
• Maximising the participation of all children in
  mainstream schools and removing environmental,
  structural and attitudinal barriers to their
  participation.

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• But policy and legislation are often
  misinterpreted!
• Most teachers are fully committed to the
  principle of an appropriate inclusive education
  for all pupils within a comprehensive system.
  However, there are also concerns What is...
  controversial for teachers is the presumption of
  mainstream for all pupils contained in The
  Education Scotland Act 2000.
• To suppose that all children can be transferred
  to a system mainstream that was never designed
  to meet their needs is to invite failure ..
• From an Issue of Teaching Scotland GTC Scotland.

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legislation

• Section 15 of the Standards in Scotlands
  Schools etc. Act 2000 came into effect on 1
  August 2003
• Duty on EAs to provide education in a school
  other than a special school unless such provision
  would
• not be suited to the ability or aptitude of the
  child
• be incompatible with the provision of efficient
  education for the children with whom the child
  would be educated or
• result in unreasonable public expenditure being
  incurred which would not ordinarily be incurred

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• It has always been made clear in legislation,
  guidance, debates and discussions that the
  mainstreaming presumption is simply a presumption
  it is not an inflexible rule.
• The right balance must be struck between
  children's rights to be educated in a mainstream
  environment, which can bring the educational and
  social benefits and the need to respond
  sensitively in the cases of children who require
  a form of specialist provision.
• Robert Brown, Deputy Minister for Education and
  Young People, November 2005

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Disability Accessibility Strategies

• What should the strategy cover?
• improving the physical environment of the school
• increasing the extent to which pupils with
  disabilities can participate in the curriculum
• improving communication with pupils with
  disabilities.

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Additional Support for Learning Act 2004

• Act has an inclusive thrust through -
• its terminology additional support needs
  instead of special educational needs
• its focus on ensuring that all children who need
  additional support get the support they need,
  including that from agencies from outwith
  education
• new rights for parents and young people

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ASL Definition

• Child has additional support needs if the child
• is likely to be unable, without the provision of
  additional support, to benefit from school
  education..
• Additional support means
• provision which is additional to, or
  otherwise different from that generally
  available to those of the same age.

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Additional Support Needs

• Motor and/or sensory impairments
• Emotional or social difficulties
• Family circumstances
• Bullied
• English as a second language
• Terminal illness in family
• Child Protection Register
• Young Carer
• Particularly able or talented

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Co-ordinated Support Plans

• For those with most extensive needs
• Co-ordinates provision between agencies
• Statutory strategic planning document
• Focuses on educational outcomes
• Childs views will be noted.

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ASL Child/Parents Rights

• Right to
• Parents - Request their childs needs are
  assessed.
• EA must seek and take account of childs views
  when assessing need.
• Mediation - Dispute Resolution
• ASN Tribunal (where CSP is at issue).

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References/information

• Learning and Teaching Scotland Website
• http//www.ltscotland.org.uk/
• Inclusive Education Website
• http//www.ltscotland.org.uk/inclusiveeducation/
• Enquire - The Scottish Advice Service for
  Additional Support for Learning
• http//www.enquire.org.uk
• Code of Practice
• http//www.ltscotland.org.uk/inclusiveeducation/ad
  ditionalsupportforlearning/codeofpractice.asp
• Additional Support Needs Tribunals for Scotland
• http//www.asntscotland.gov.uk/
• Disability Equality Duty
• http//www.drc-gb.org/pdf/Schools_education_scotla
  nd_august_06.pdf
• Circular on presumption of mainstreaming